MAR-2-05 CO:R:C:V 733796 GRV
Ms. Ji Wen Tsao
Jit Trading
560 S. Pacific St., Suite B1
San Marcos, California 92069
RE: Country of origin marking of disposable briefs and
panties (undergarments) imported in sealed packages for
retail sale. 19 CFR 134.24(d)(2); 730910; 732572
Dear Ms. Tsao:
This is in response to your letters of September 18, 1990,
and May 30, 1991, requesting a ruling regarding the country of
origin marking requirements applicable to disposable briefs and
panties (undergarments) packaged in sealed packages. Samples of
the merchandise were submitted for examination. In a telephone
conversation with a member of my staff on May 30, 1991, you added
and clarified certain information which was considered in this
ruling.
FACTS:
Your company plans initially to make and package disposable,
i.e., designed for one-time use, panties in China. Five under-
garments will be packaged together in transparent, ziploc-type
polybags in one of two ways: (1) the package will have a paper
label insert denoting the country of origin (China), U.S. dis-
tributor and its domestic telephone and facsimile numbers (but no
address), and other product information, or (2) this information
will be printed on both sides of the polybag with the country of
origin marking on one side and the U.S. distributor information
denoted on the other side. (The undergarments themselves are not
marked to indicate their country of origin). After the polybags
are filled, the ziploc is closed and the top of the polybag--
approximately 3/4 inch above the ziploc--is heat sealed.
Between the ziploc seal and the heatseal at the top of the
polybag there is a hole in the polybag so that the package can be
hung from a dispensing rack for retail sale. 200 polybags then
will be packaged into a carton for export to the U.S. for entry
at the port of Los Angeles. The merchandise is designed to be
sold in bulk form to supermarkets, hospitals, designer shops,
etc., which in turn will sell the packages of 5 undergarments
retail to ultimate purchasers.
Regarding the country of origin markings, on those packages
which employ the paper insert method of marking, the country of
origin marking (Made in China) is printed in the lower right-hand
corner of the label in approximately 5-point type (1/16 inch; a
point is a unit of type measurement equal to 0.01384 inch or
nearly 1/72 in., and all type sizes are multiples of this unit)
and is clearly visible and legible; the U.S. distributor informa-
tion is printed in the lower left-hand corner of the label in
capital letters (JIT TRADING) in approximately 5-point type and
is similarly clearly visible and legible. On those packages that
have information printed on both sides of the polybag, the
country of origin marking (Made in China) is printed on the
bottom of the package on one side--ostensibly on the display
side of the package--in approximately 7-point type and is also
clearly visible and legible.
You seek a ruling letter addressing whether the country of
origin markings on the polybags and the paper label inserts for
the sealed packages of disposable undergarments meets the marking
requirements of 19 U.S.C. 1304.
ISSUE:
Whether the country of origin markings on the polybags and
the paper label inserts for the sealed packages of disposable
undergarments meets the marking requirements of 19 U.S.C. 1304.
LAW AND ANALYSIS:
The marking statute, section 304 of the Tariff Act of 1930,
as amended (19 U.S.C. 1304), provides that, unless excepted,
every article of foreign origin (or its container) imported into
the U.S. shall be marked in a conspicuous place as legibly,
indelibly and permanently as the nature of the article (or its
container) will permit in such a manner as to indicate to the
ultimate purchaser the English name of the country of origin of
the article. Part 134, Customs Regulations (19 CFR Part 134),
implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. As provided at section 134.41(b),
the country of origin marking is considered conspicuous if the
ultimate purchaser in the U.S. is able to find the marking easily
and read it without strain.
The primary purpose of the country of origin marking statute
is to "mark the goods so that at the time of purchase the
ultimate purchaser may, by knowing where the goods were produced,
be able to buy or refuse to buy them, if such marking should
influence his will." United States v. Friedlaender & Co., 27
CCPA 297, 302, C.A.D. 104 (1940). The "ultimate purchaser" is
defined generally as the last person in the U.S. who will receive
the article in the form in which it was imported. 19 CFR
134.1(d). Example (3) of this section provides that if an
article is to be sold at retail in its imported form, the
purchaser at retail is the "ultimate purchaser."
In HRL 730910 dated September 6, 1988, we considered whether
pairs of baby booties, sold in disposable packages which would
reach the consumer unopened and that were marked with their
country of origin, complied with the country of origin marking
requirements. We stated that marking the country of origin on
the package rather than the booties themselves complied with
section 134.24(d)(2), which provides that:
[d]isposable containers or holders of imported merchandise,
which are sold without normally being opened by the ultimate
purchaser ..., shall be marked to indicate the country of
origin of their contents.
See also, HRL 732572 dated June 7, 1990 (marking of disposable
packages of infant socks).
Similarly, in this case, it is clear that the underwear are
designed to be sold to the ultimate purchaser only in the plastic
packages of five. As evidence of this fact, we note that both
packages types are sealed and contain all the information about
the product, e.g., "HandiPanti Disposable Panties, 5 Pairs, Hi-
Cut Briefs, 100% Nylon, Made in China. The disposable packaging
issue in this case is substantially similar to the issues
presented in the disposable packaging rulings referenced above.
As the country of origin marking is clearly visible and legible,
we find that the country of origin marking on either the paper
label insert or the sealed polybag itself meets the marking
requirements of 19 U.S.C. 1304.
HOLDING:
Based on the information and sample packages submitted, the
country of origin markings printed in approximately 5-point type
on the paper labels to be inserted into the sealed disposable
polybags, or printed in approximately 7-point type on the sealed
disposable polybags themselves, appearing clearly visible and
legible, meet the marking requirements of 19 U.S.C. 1304 and 19
CFR 134.24(d)(2).
Sincerely,
John Durant, Director
Commercial Rulings Division